Female employees should not be expected to meet more difficult requirements than male employees, and they should not be expected to dress in a sexualized way to attract clients. An employer should be prepared to prove that any sex-based differences in the dress code are legitimately linked to the requirements of the job. Where this cannot be shown, these dress codes will be discriminatory. For example, in one human rights case, in the absence of any justification by the employer, a tribunal found that the employer’s expectation for female staff to exclusively wear skirts, while allowing male staff to wear pants, was discriminatory.
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